Mr Man vs Barclay's

[Mr Man]

Hi all, my first post here so be gentle. You come highly recommended by a friend.

 

I have so far managed to get up to the allocation questionnaire and would like some guidance from here on in if that's ok.

 

Firstly, Barclay's have defended the claim in full and from what I can gather reading here this isn't unusual, it's the defence they've filed (Adrian Ruffhead) that I'm not sure is bog standard, could anyone confirm this? I've added it below:

 

1. The particulars of claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the claimant incurred bank charges on his account for unauthorised borrowings (whether unpaid fees for returned cheques, "paid referral fees" or any other such fees), the defendant puts the claimant to strict proof of each charge and the date thereof.

 

2. The defendant is entitled to charge the claimant for unauthorised borrowings by reason of it's standard terms and conditions. The claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms & conditions (which are summarised) :

 

a. The defendants right to charge "paid referral fee" where the defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item (previously £25).

b. The defendants right to charge an distractive fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30).

c. The defendants entitlement, if the claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

 

3. The defendants standard terms and conditions give the claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds his authorised overdraft limit.)

 

4 If and to the extent it is the claimants case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the claimant's account constitutes a liquidated damages clause, the same is denied. The charges constitute payments the claimant agreed to make by reason of the terms and conditions of his account and were consideration for the defendant advancing credit to the claimant, which the defendant was under no obligation to advance. The defendant was entitled to impose such charges and interest when the claimant incurred the overdraft.

 

5. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant and or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the unfair (contracts) terms act 1977 (or any goods and services act 1982 (or indeed any other provision).

 

6. Therefore, it is denied that the charges were unlawfully debited from the account.

 

7. If and to the extent the claimant incurred charges on his account, this was caused by the claimant having gone into overdraft without having agreed with the defendant an authorised overdraft facility or to increase the overdraft facility and / or his failure to make payments to bring the balance of the account back into credit.

 

8, 9 and 10 appear to be bog standard.

 

 

 

Does this look ok to you, is it the normal spiel? Thanks for taking the time to read.

[kippy2]

bog standard weve all had the same, no worries carry on as normal

[Michael Browne]

Standard defence.

 

See these two threads re AQ:

 

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

 

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

[Mr Man]

Thanks Kimmy01, that's a relief, I was most worried about the first paragraph, the bit about details of charges and things.

[Mr Man]

Michael Browne

 

reading them now, thankyou very much.

[dickeggsy]

i think section 1 means that even though they have a schedule of charges you could have made the whole thing up and they therefore need to see copies of the actual statements(even though they have sent them to you anyway).

just another stalling tactic methinks.

good luck

[Mr Man]

Thanks dickeggsy.

 

I've completed my AQ and have a few q's.

 

The AQ has to be sent to my local court by the 27th Jan, does it also have to be sent in with a copy of my schedule of charges and bank statements? Also, do I send Barclay's a copy of my schedule of charges as well at this stage? Anything else to send to them? Covering letter perhaps?

 

Also is there any benefit in getting the AQ sent back as early as possible?

[Michael Browne]

The AQ has to be sent to my local court by the 27th Jan, does it also have to be sent in with a copy of my schedule of charges

Not strictly necessary, but a good idea, Mention this in Section G

and bank statements?

No

Also, do I send Barclay's a copy of my schedule of charges as well at this stage? Anything else to send to them? Covering letter perhaps?

Again good idea + as a courtesy copy of your AQ

Also is there any benefit in getting the AQ sent back as early as possible?

Not specifically, but it shows the bank you mean business and if you have to pay the AQ fee it will immediately cost them another £100 to settle, which may give your a certain amount of satisfaction.

[Mr Man]

Excellent, thanks for that Michael, I'll be putting my AQ in asap

[Mr Man]

Quick question whilst I'm waiting for my court date, I've had another charge applied to my account since handing my AQ in, can I add that onto the schedule of charges and send it to the courts and Barclays as amended?

[bennyowen]

Mr Man,

 

It will be better to progress the ongoing case to completion before filing for refund on subsequent charges later. If you make changes to the charges now, it will not reflect the information you already entered in your Particulars of Claim (N1 Form). As a result, you would be expected to fill more forms to notify the court of changes and the court would have to approve the change.

 

In fact, it will add unnecessary delay in favour of the banks. I will suggest that you continue the ongoing case to the end first. You can file for more claims against the same bank later.

 

Good luck

[Mrgreengenes]

Quick question whilst I'm waiting for my court date, I've had another charge applied to my account since handing my AQ in, can I add that onto the schedule of charges and send it to the courts and Barclays as amended?

 

If you were to add any charges to your claim after it has been served would cost you an amendment fee of £35 (I think). It would be best to win your claim as it stands and then start another one straight after.

[Mr Man]

Thanks, I suppose it makes good sense to wait and pursue the current claim.

 

P.S. On another note, Barclays are verging on harrassment with phonecalls. On Friday I left my mobile phone at home whilst at work and they called a total of 4 times, when I got home and rang them it was to 'update my account details' I said 'I'd rather not at this time' and left it at that. Today, they've rang again, twice already (missed both calls) and I refuse to call back the 0845 number, I'll wait until they ring again.

[Mr Man]

I'm thinking of sending Barclay's a letter along the lines of offering them another chance to settle in full before court, this would obviously look good for me but is it a good idea?

 

And if I've missed someone else doing it have you got a link to anything similar, wording wise, that I could use?

[Mr Man]

Anyone?

 

I was thinking that this has possibly been done before but maybe I'm wrong, I haven't come across it yet.

[spleengirl]

Hi there

 

I am at the same stage as you - looking at the allocation questionnaire wondering about the first sentence which it basically says I am making it all up! Thanks for taking the time to write their response - it was exactly the same as mine.

 

When you sent them the list of your charges, did you send them with 8% interest or from the date that you first claimed for one moneyclaim?

 

Regarding your question about whether you should write to Barclays at this stage and offer them another chance to settle, I personally would not as it may imply you don't want to go to court. I think they are just trying to string it out for as long as possible and a letter at this stage may imply to them you are worried.

 

I hope this helps.

 

Rowena

[Mr Man]

I sent it with the 8% included, although the schedule of charges shows both, hope that's right! ???

[bennyowen]

I'm thinking of sending Barclay's a letter along the lines of offering them another chance to settle in full before court, this would obviously look good for me but is it a good idea?

 

And if I've missed someone else doing it have you got a link to anything similar, wording wise, that I could use?

 

That is a good courtesy but the banks do not recognise that. The banks want to hold the case for as long as possible. They will pay up before court date because they have not seen any case to an actual hearing.

 

Writing to them to reconsider their position is a good idea but I do not know what use it will be at this stage. As you know, they have incurred the court cost at this stage. It makes no difference to them if they wait until a few days before court.

 

Good luck

[Mrgreengenes]

Barclays are verging on harrassment with phonecalls. On Friday I left my mobile phone at home whilst at work and they called a total of 4 times, when I got home and rang them it was to 'update my account details' I said 'I'd rather not at this time' and left it at that. Today, they've rang again, twice already (missed both calls) and I refuse to call back the 0845 number, I'll wait until they ring again.

 

Here is a link to another thread I started.

 

CAG Income Source

 

You can get a free 0870 number which, when a company rings you using this number, you get paid. Also, you can get a free personal mobile number which will cost anybody who rings it 35p per minute. This is an ideal number to give out to someone you don't like. All is explained in the thread, together with a comment by our esteemed leader, Bankfodder.

 

Also, have you seen this site?

 

SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers

 

This will give you an alternative number to call thereby reducing that company's revenue from incoming calls.

[Mr Man]

Thanks bennyowen, I'll leave it then.

 

Mrgreengenes, that's an excellent thread and website. Thankyou.

[Mr Man]

How long does it usually take from handing in the AQ to hear anything from the courts? Anyone got a rough guestimate?

[Mr Man]

Anyone willing to lend a guess?

[msawouldlikejustice]

Hi Mr Man

 

2 - 6 weeks looking at most threads, i got a reply in just over a month. There is ongoing strike action at the moment over job cuts which cant be helping.

 

To follow my claim against barclays Msa V Barclays Bank 2 days till court.

[Mr Man]

Thanks msawouldlikejustice, sorry it's took so long to respond, been in hospital with hypothermia believe it or not. All better now though. I got my 'Notice of Allocation to the small claims track (hearing) this morning. With that in mind is now the time I send them my court bundle?

[Mr Man]

Oh and one more thing, I take it a hearing is entirely different to 'my day in court' i.e. an actual court date?